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Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 108

BAVA METZIA 106-108 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) Why did Rabah bar Rav Huna curse Rabah bar Rav Nachman that his sons should die?

(b) What was Rabah bar Rav Nachman's mistake?

(a) Why are ...
  1. ... even Yesomim obligated to pay for the town guard?
  2. ... Talmidei-Chachamim not obligated?
(b) In what way will the Din differ when it is a matter of paying for someone to dig the town well?

(c) In which circumstances are the Talmidei-Chachamim Patur even from that?

(a) Why did Rav Huna say that if the river needs to be cleared of stones and silt, those at the bottom of the mountain are obligated to help those at the top?

(b) Why not vice-versa?

(c) And what did he say in the same situation, regarding rain-water which needs to be diverted because it causes the roads in the area to become muddy and inaccessible?

(d) Rav Huna has the support of a Beraisa.
What does the Tana say about ...

  1. ... five gardens on a mountain-slope that are all watered from the same spring, if the spring became stopped up?
  2. ... five courtyards on the mountain-slope that all share the same Bib to drain the water from their courtyards if the Bib became stopped-up? What is a Bib in this context?
(a) The Persians would sometimes make Hefker land available for anyone to take, provided he paid Taska.
What is 'Taska'?

(b) Shmuel considered it a Chutzpah to acquire such land be'Raksa de'Nahara. What is 'Raksa de'Nahara'?

(c) Why was it a Chutzpah?

(d) Although the Mechutzaf in the previous case (of Raksa de'Nahara), was not initially obligated to withdraw, that changed when the Persians began writing in the documents 'K'ni Lach ad Malya Tzavra de'Susya'.
What does this mean? For whom did they write these documents?

(e) In what way did this affect the person who acquired the land?

(a) In what point does everyone agree with regard to someone who acquired land in order to pay Taska between two brothers or two partners?

(b) Rav Yehudah Amar Rav however, does not obligate him to withdraw.
What does Rav Nachman say?

(c) Rav Nachman concedes though, that someone who purchases the field next to someone who wanted to purchase it, does not need to withdraw. The Neherda'i disagree even with that.
What do they learn in this regard, from the Pasuk in Va'eschanan "ve'Asisa ha'Yashar ve'ha'Tov"?

(d) According to Ravina, once the neighbors give one the O.K. to purchase the field that is up for sale, they cannot retract even if the O.K. was not accompanied by a Kinyan. The Neherda'i, whose opinion we follow, hold that they can.
If that is so, then why did the neighbors authorize the third party to buy the field?

(a) According to the Neherda'i, what happens in a case where no Kinyan was made with the neighbor, if, after the third party purchased the field, the price ...
  1. ... rose? Who benefits?
  2. ... dropped? Who bears the loss?
(b) If the field was worth two hundred Zuz and the owner sold it to the purchaser for one, the neighbor pays the purchaser either two hundred Zuz or one.
What is the criterion?

(c) If on the other hand, the field was worth one hundred Zuz and he sold it to him for two, Mar Keshisha concludes that the neighbor must pay the purchaser two hundred Zuz, based on a statement of the Neherda'i quoting Rav Nachman.
What important principle did Rav Nachman teach about the purchase of land?

(d) What did we think at first?

(a) If Reuven purchased a field that is surrounded on all four sides by Shimon, who is surrounded in turn by Levi on all four sides, what do we suspect him of having up his sleeve?

(b) Why is this not a problem if the field that he purchased is ...

  1. ... Idis (best-quality )?
  2. ... Ziburis (poor-quality - cheap)?
Answers to questions



(a) The Din of 'bar Metzra' does not apply to a gift.
How does Ameimar qualify this ruling?

(b) What does Ameimar say about someone who sells ...

  1. ... all his property to one person? Why is that?
  2. ... a field to the original owner?
(c) Why does the Din of bar-Metzra not apply to someone who ...
  1. ... buys from a Nochri?
  2. ... sells to a Nochri?
(d) What do we nevertheless do with a person who sells his field to a Nochri?
(a) Why is the creditor permitted to purchase the field that was give to him as a 'Mashkon' even though there is a neighbor who wants it?

(b) How did Rav Ashi quoting the elders of Masa Mechsaya extrapolate this from its name?

(c) Why does 'Diyna de'bar Metzra' not apply to someone who is selling his field because it is far from where he lives, and he wants to buy one that is closer to home, or because it is Ziburis and he wants to buy Idis?

(d) Why did Chazal apply "ve'Asisa ha'Yashar ve'ha'Tov" to the purchaser and not to the seller?

(a) A field that is sold to pay head-tax for one's widow and daughters sustenance or to bury one's dead, is not subject to 'Diyna de'bar Metzra' either, based on a statement by the Neherda'i.
What did the Neherda'i say about selling Yesomim's property for one of these three reasons?

(b) What does that have to do with 'Diyna de'bar Metzra'?

(c) Why does 'Diyna de'bar Metzra' not apply to ...

  1. ... a woman or Yesomim?
  2. ... to a partner?
(a) When selling a field, to whom should Reuven give precedence, if the would-be purchasers are ...
  1. ... Shimon, his next-door neighbor, and Levi, whose field borders his own?
  2. ... Shimon, his neighbor, and Levi the Talmid-Chacham?
  3. ... Shimon, his brother, and Levi the Talmid-Chacham?
(b) How do we know that in all of the above cases, the field up for sale does not border that of one of the would-be purchasers?

(c) To whom does one give precedence, if both one's brother who lives in a distant land and a next-door neighbor are after the property?

(d) Why does the Din of bar-Metzra not apply if the money that the purchaser ...

  1. ... offers the seller is either better coinage (i.e. coins that more complete) or better currency?
  2. ... sends him (through a Sheli'ach) loose money, whereas his neighbor's money is wrapped and sealed?
(a) Diyna de'bar Metzra does not apply if the neighbor says that he will go and look for money.
What will be the Din if he says that he will bring the money?

(b) Does Diyna de'bar Metzra apply if the owner of ...

  1. ... a house wishes to sell it to a third party, and the owner of the land on which it is standing wants to buy it?
  2. ... the land wishes to sell it to a third party, and the owner of the house wants to buy it?
(c) And what will be the Din regarding Diyna de'bar Metzra if Reuven sold Shimon a date-palm for a certain period of time or until they dry up? Can Reuven and Shimon stop one another from selling it to someone else?
(a) What will be the Din regarding Diyna de'bar Metzra if Reuven is selling one of his fields to Levi, who wants to build a house there, and Shimon whose field borders Reuven's, wants it for planting?

(b) Will Diyna de'bar Metzra apply if a rock or a chain of low, compact date-palms divides between the seller's field and that of his neighbor?

(c) If Reuven, Shimon, Levi and Yehudah surround a field which the owner sold it to Dan, and Reuven then buys it from Dan, can Shimon, Levi and Yehudah demand that Reuven share the field with them?

(d) What would happen if all four come and claim from Dan simultaneously?

Answers to questions

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